19Costs for industry reference investigations

19 Costs for industry reference investigations (1) The reasonable costs of an investigation on an industry reference into a regulated industry, as assessed by the commission and notified to the person who is (or the people who are) to pay the costs, are payable to the commission by— (a) if the industry is a regulated industry because of its infrastructure facilities being owned, controlled or operated by the Territory or a territory authority—the Territory or territory authority; or (b) if the industry is a regulated industry because of the provision of services in the industry by or on behalf of the Territory or a territory authority—the Territory or territory authority; or (c) if the industry is a regulated industry because of the ownership, control or operation of its infrastructure facilities wholly or substantially by a single person—the person who owns, controls or operates the facilities; or (d) if the industry is engaged in the provision in the ACT of a utility service—the utility or utilities responsible for the provision of the service; or (e) if the industry is a regulated industry because of the provision of any other services wholly or substantially by or on behalf of a single person—the person who provides those services. (2) The costs of an investigation payable by a territory authority or a person mentioned in subsection (1) (c) or (d) are a debt owing to the Territory.

(3) Costs payable under subsection (1) include any costs incurred by the commission in obtaining the assistance of any other person, body (whether incorporated or unincorporated) or government agency. (4) If more than 1 utility is liable to pay costs under subsection (1) (d), the commission must, by written notice to each utility, determine the proportion of those costs to be borne by each utility.